Johnson P vs The Secretary, Regional Transport ...
2024 Latest Caselaw 17494 Ker

Kerala High Court

Johnson P vs The Secretary, Regional Transport ... on 21 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                WP(C) NO. 22227 OF 2024
PETITIONER:

         JOHNSON P.
         AGED 41 YEARS
         MATHEW, S/O MATHEW ABRAHAM, PAZHOOR HOUSE,
         NELLIKKALA P.O., PATHANAMTHITTA,
         PIN - 689 643.

         BY ADVS.
              RILGIN V.GEORGE
              K.T.RAVEENDRAN
              AKSHARA K.P.

RESPONDENT:

         THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
         PATHANAMTHITTA, REGIONAL TRANSPORT OFFICE,
         PATHANAMTHITTA,
         PIN - 689 645.

         BY ADV.
              S. GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 21.06.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.22227 of 2024
                                 2




                           JUDGMENT

Dated this the 21st day of June, 2024

The petitioner is a Stage Carriage Operator. He

holds a Stage Carriage Permit issued to his Stage Carriage

bearing registration No.KL-03W-9111 to conduct service on

the route Pathanamthitta-Chengannur. The service is being

operated on the strength of time schedule approved by the

respondent on 19.10.2013. The last 11 years has witnessed

manifold increase in the volume of traffic on the route in

question. It has become well nigh impossible to operate the

Stage Carriage adhering to the approved timings.

2. It was in the above circumstances that the

petitioner submitted a request before the respondent for

revision of the time schedule issued to his service, so as to

make it more in tune with the changed circumstances. The

respondent has acknowledged receipt of Ext.P1. But the

respondent insists that the same can be considered only if

ordered by the Court, contends the petitioner.

3. Heard the learned Counsel for the petitioner and

the learned Senior Government Pleader representing the

respondent.

4. It is evident that Ext.P1 is an application for

change of timing which has a statutory flavour in view of Rule

145 (7) of the Kerala Motor Vehicles Rules, 1989. Therefore,

it is necessary that the competent authority should consider

Ext.P1 in accordance with law within a reasonable time.

The writ petition is therefore disposed of directing

the respondent-Secretary, Regional Transport Authority to

consider Ext.P1 application and take appropriate decision

thereon within a period of two months in accordance with law

and after giving an opportunity of hearing to the affected

parties.

Sd/-

                                            N. NAGARESH
                                                JUDGE
AMR






                 APPENDIX OF WP(C) 22227/2024

PETITIONER'S     EXHIBITS

Exhibit P1            A TRUE COPY OF      THE   REPRESENTATION
                      DATED 09.05.2024.